EXPERT WITNESS, LITIGATION

& ARBITRATION SUPPORT

Burt P. Flickinger III and Strategic Resource Group’s (SRG) Expert Witness and Dispute & Arbitration Advisory team can provide very effective expert reports including advice and expert witness evidence and analysis to assist in the resolution of disputes. We also provide support for arbitration, federal, state, local and international litigation, mediation, as well as contract issues and bankruptcy and insolvency claims in high-stakes legal matters. 

SRG has a track record of success in analyzing and solving challenging financial and economic issues in legal matters. We provide valuable financial advisory services to companies, creditors, financial institutions, workers, equity holders, and the legal community for in and out-of court situations.

SRG helps our clients during every stage of a contested matter, from early case assessment and discovery to expert reports, damages analysis and settlement services. Our experienced professionals provide assistance to companies in the form of:

  • Expert witness support

  • Expert reports

  • Arbitration 

  • Depositions

  • Testimony

  • Early case assessment

  • Discovery assistance

  • Case strategy evaluation

  • Damages analysis

  • Settlement services

Expert Witness & Trial Services

We offer placement of trial consultants experienced in providing comprehensive litigation support – from discovery briefs, impactful expert reports, arbitration, testimony, settlement discussions to final resolution at trial.

Our services include:

  • Pretrial preparation: Burt Flickinger and the SRG Expert Team work in conjunction with your trial team to assist in pretrial preparation.

  • Expert Witness: Our expert witnesses or litigation consultants offer testimony, advice, litigation support, depositions, and other related expert witness services.

  • Expert Briefs and Reports: Our professionals create and deliver authoritative and compelling briefs, reports, and presentations to aide clients in the litigation process.

Antitrust / FTC / M&A

SRG provides sophisticated strategic advice and expert reports and analyses, briefs, and support in connection with M&A, joint ventures and other strategic alliances to federal and state agencies. These include Federal Trade Commission (FTC) and Hart Scott Rodino (HSR) matters, as well as support to plaintiffs and defendants in antitrust investigations and litigation.

 

We provide valuable insight and clarity, helping our clients analyze complex questions with regard to antitrust claims, mergers and acquisitions, market concentrations, boycotts, allegations of restraint of trade, licensing and protection of intellectual property, tying and price fixing, among others.

SRG professionals have extensive experience advising competition authorities such as the FTC in antitrust cases.

SRG has worked successfully on FTC, HSR and M&A reviews, including comprehensive Herfindahl-Hirschman Index (HHI) analyses of historical and evolving competitive market-share concentrations and competitive entry.

 

Track Record

  • Representation of Employee Stock Ownership Plans (ESOP) participants in Employee Retirement Income Security Acts (ERISA) class action against plan fiduciaries and others, which resulted in significant settlement for the benefit of class members.

  • Represented Harvard University Real Estate Corp. in a very favorable outcome v. Kmart.

  • Represented major retailer and wholesaler in cases brought by over extended retail chain.

  • Some of the FTC matters on which SRG has worked:

  • Provided opinion on FTC matter re. Stop & Shop successful acquisition.

  • Provided opinion on FTC matter re. Ahold/Bi-Lo.

  • Provided opinion on FTC matter re. Tops Markets of Upstate New York.

  • Provided opinion on FTC matter for Ahold, et al. re. Pathmark, Grand Union, et al.

  • Representing the NFL's New York Giants and New York Jets in litigation and the New Jersey Sports & Exposition Authority v. the developers of the “American Dream” mall in New Jersey seeking to address development matters with the mall.

  • International arbitration tribunals (Paris and Dubai) settlement awarded to SRG client in a matter related to international expansion of an iconic, worldwide department store chain.

  • Defense of Fortune 500 company against claims that its operation of a variety store violated restrictive covenants covering grocery stores, food stores, and supermarkets.

  • Representation of top retail chains in securities class actions, multi-district litigation, and adversary proceedings.

  • Favorable settlement for bankruptcy trustee for unsecured and secured creditors (several major food and beverage brand corporation vendors to labor unions) of major retail chains in claims against private-equity firm owner as well as former directors and officers for fraudulent transfers, preferential transfers, and breach of fiduciary duties.

  • Re: Hostile tender offer and proxy contest: Supported a leading retail chain in connection with U.S. unsolicited M&A international acquisition proposals and related matters.

  • Provided expert analysis on a non-compete agreement between iconic department store chain and a senior executive, as well as issues related to the customary nature of these agreements and implications if sensitive corporate information were used against a competing former employee.

  • Provided testimony to the Natural Resources Conservancy, National Preservation Trust, and the Conservation Law Council regarding on a massive development proposed for Exit 4 in Randolph, VT. Developer requested preliminary findings from the Act 250 District Environmental Commission for a 1.1 million square foot, mixed-use development for the Exit 4 property. The proposal faced considerable opposition over its impacts to prime agricultural soils, consistency with local and regional plans, and the aesthetic resources of the area. After four hearings before the Commission, the developer withdrew his proposal and started discussion with conservation organizations with the Conservation Law Foundation, Vermont Natural Resources Council, Preservation Trust of Vermont, and National Preservation Trust. These discussions lead to the conservation and preservation of 150 acres of land.​

 

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